October 3, 2010 // 2:58 am
that SCEA was granted a temporary restraining order by Judge William H Alsup
against the named defendants and the currently un-named John Does #10 through 100 as detailed HERE
As a follow-up to the previous
news reported on Sony targeting PS JailBreak, PSFreedom and PSGroove for PS3, today garyopa
at PSX-Scene.com (linked above) has shared more documents that have surfaced.
Some interesting excerpts from the documents
include the following:
"Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 1201 et seq. This Court previously has recognized the illegality of video game console circumvention devices and has enjoined their sale and distribution. See, e.g., Sony Computer Entertainment America v. Divineo, Inc., 457 F. Supp. 2d 957 (N.D. Cal. 2006)."
"SCEA is the exclusive licensee of the trademarks for, among others, PlayStation, PS, PS3, PS.com and PSP (collectively, the Trademarks.) Liu Decl. at 13, Exh. C. SCEA has invested substantial time and money in promoting the Trademarks in connection with the marketing and sale of its products. Id.
As a result, the Trademarks have become, through widespread and favorable public acceptance and recognition, an asset of substantial value as a symbol of SCEA and its quality products and goodwill. Id. at 14."
"For example, the PS3 Jailbreak Device bears copies of the PS3, PS and PS.com trademarks. Other versions of the devices appear to bear a copy of SCEA's PS.com trademark and/or the stylized PS mark.
Defendants websites at www.psjailbreak.com, www.shoppsjailbreak.com, www.psppitstop.com, www.buyps3jailbreak.webs.com and www.ps3breakonline.com also prominently feature SCEA's trademarks in their websites and incorporate them in their domain names.
That Defendants be required to deliver to SCEA, to be held for destruction or other disposition at the conclusion of this litigation, any and all computer hardware and peripherals containing infringing material, all CIRCUMVENTION DEVICES including the PS3 Jailbreak Device and Backup Manager, and the software contained on the PS3 Jailbreak Device, known as, for example, PSGroove, PSFreedom, and OpenPSJailbreak, hard disc drives containing infringing material, computer software, inventory of CD-ROMs, computer diskettes or the like, packaging, labels, promotional, or advertising material or other materials bearing unauthorized copies of the interactive software products or any of SCEA's trademarks, or any copy, simulation, variation or colorable imitation thereof."